Whitsitt v. Union Depot and Railroad Company was a United States Supreme Court case that dealt with the issue of whether a railroad company was liable for damages caused by a train accident. The plaintiff, Whitsitt, was a passenger on a train operated by the defendant, Union Depot and Railroad Company. The train derailed, causing Whitsitt to suffer serious injuries. Whitsitt sued the railroad company for damages, claiming that the company was negligent in its operation of the train. The Supreme Court held that the railroad company was liable for the damages caused by the accident. The Court found that the company had a duty to exercise reasonable care in the operation of its trains, and that it had breached this duty by failing to properly maintain the tracks and equipment. The Court also held that the company was liable for the injuries suffered by Whitsitt, as it was foreseeable that an accident could occur if the company failed to exercise reasonable care. The Court thus affirmed the lower court's ruling that the railroad company was liable for the damages caused by the accident.

Justice Field delivered the dissenting opinion in Whitsitt v. Union Depot and Railroad Company, arguing that the majority's decision was incorrect because it failed to consider whether or not a contract existed between the parties. He argued that there were sufficient facts presented by both sides which indicated that a contract had been formed, and thus should be enforced according to its terms. Justice Field further noted that even if no formal agreement had been made, an implied-in-fact contract could still exist based on the conduct of both parties involved in this case. Therefore, he concluded that since there was evidence of either an express or implied agreement between Whitsitt and Union Depot & Railroad Co., they should be held liable for any damages caused as a result of their breach of said agreement.